01/17/2026
Good morning everyone! With the recent ICE operations that we witnessed throughout the El Paso community this week, I think it's important to briefly discuss the 3 different types of law enforcement encounters that exist under current law and how each one can affect how police may interact with you. Remember, your words have power!
1. Voluntary Encounters
This is a voluntary interaction with police. Police may walk up to you and start asking you questions. You are not detained and are free to leave. If you voluntarily answer their questions, this is completely legal and anything you say may be used against you. The most important thing you can do in this situation is start asking questions. "Am I being detained?" If the officer/agent says "No" then your next question should be, "Am I free to leave?" If the officer says "Yes" then you may simply walk away from the encounter without consequence. If you are ever being detained or not free to leave, then you are now in what's called an Investigative Detention.
2. Investigative Detention
Once you've reached this point, its important to understand that officers/agents must have "Reasonable Suspicion" that you have committed a crime. Police may ask you for your ID, but again, this is where your words have power! You must ask, "What crime do you suspect that I've committed?" If the police cannot present reasonable articulable suspicion that you've committed a crime, then you are not required to present ID. If they can identify a crime with reasonable suspicion, then you may be required to present ID and may pat you down for weapons if they believe you may be a danger to them. However, you are not required to answer their questions! Invoke your right to remain silent! You are not required to help them come up with enough information to arrest you! You may do this respectfully though, there is no need to be rude or aggressive with officers. Just say, "I respectfully invoke my 5th amendment and refuse to answer any more questions."
What happens from here, depends on the facts and circumstances surrounding the encounter, but it could lead to the last type of encounter.
3. Arrest
At this point, the police must have probable cause that a crime was committed and more importantly, that you committed it! They may place you in handcuffs, search your person, transport you to jail, and take your fingerprints. Once again, you are not required to answer any questions! The police should provide you with your Miranda rights, but they don't always do it right away. That's why it's important to always assume anything you say can and will be used against you!
Every case is different, every situation is different, but what never changes are your rights under the Constitution of the United States. Don't think you can talk your way out of anything! It's like I tell my friends and family, you can beat the case, but you can't beat the ride! Remain calm, remain silent, and call your lawyer as soon as given the opportunity!
